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Votes to End Secret Ballots

Pat Murphy has agreed to be a co-sponsor of the Employee Free Choice Act.  This is a piece of legislation that would eliminate the ability for employees to vote by secret ballot in labor representation elections.  This could open up these elections to a whole host of problems as union organizers would know exactly how each and every employee voted.  Worse yet this bill will mandate binding arbitration for labor disputes among private employees and private companies.

An excellent commentary was recently published at the PA Right to Work website and the U.S. Chamber of Commerce has more information about card check as well.











 

 

“Card Check” and Patrick Murphy

By Robert Ciervo
 

The secret ballot. It is the cornerstone of our American Democracy.  That is why it is extremely troubling to me as both an citizen and a public official to learn that there are members of the U.S. Congress who have introduced legislation that would curtail and even end the use of the secret ballot in what many may say is a very personal and philosophical issue for the American worker; whether they would prefer to have an outside private organization negotiate the terms of their own employment for them or not.

As a Bucks County native I am disappointed to learn that our current Congressman, Patrick Murphy, not only is supportive of a measure that would do just that, but is also a co-sponsor of such legislation.  Murphy is a member of the Conservative Blue Dog Democrat caucus which is why I am perplexed by his support of this legislation.  One of the most troubling features of the wrongly named “Employee Free Choice Act” (EFCA) is that it would take away choice, not add choice.  This legislation if passed by both houses of Congress and signed into law by President Obama, who has promised to do just that, would eliminate the choice for American workers to vote in elections to determine if they would like a private organization to represent them in contract negotiations with their employer.  Millions of American workers would be denied the right to choose at all.

 

Instead this legislation would allow a process called “card check” to occur which would enable members of private organizations to simply collect signatures of employees within an organization who would like to have this private organization represent them in labor negotiations.  The union representatives would only need to collect the signatures of 50% plus one of the employees to have a new union formed, but the catcher is that there is no end time in this process and once they had a signature card signed the employee would not be able to change their mind on whether they wanted to be represented or not, even if it was years later. 

 

In one sense this legislation would turn the process of deciding whether or not to form a union into a never ending election whereby once the union got to 50% plus one a local union was formed.  It would not matter if after 1000 straight days of campaigning they never got over 50%, if on the 1001 day they did the election was over and they won.  Just imagine if that is how we selected our members of Congress?  So once elected Congressman Murphy would then be subjected to “card check” and an opponent would start collecting signatures door to door and when he or she got more than 50% of the voters to sign a card, even after a few years, the Congressman would have to vacate his seat immediately.  Something tells me most incumbent members of Congress would vote against a provision like this if it applied to them and certainly there would not be a long list of co-sponsors as we see with EFCA.

 

The other troubling provision is that this legislation would also insert the federal government into many contract negotiations between private entities such as a private business and a private labor organization if as little as 90 days went by in contract negotiations without resolution.  If passed one can assure that labor unions would not agree to any contract for which they did not agree with 100% as they would rather have an unelected arbitrator rule on the contract and have the government force a private employer, even small companies with as little as 10 employees, to give into almost every single demand.  The government then would set the wages, benefits, promotion rules and work assignments for millions of companies.  Given our current economic crisis this would further put the nail into the coffin of American small business just to satisfy the wishes of the most powerful special interest groups in the United States, groups such as SEIU, AFL-CIO, and the UAW.

 

Many can clearly see that this legislation is simply a way for certain politicians to reward the above mentioned groups for spending over $450 million last year on political activities for which they benefited as more unionized workers equals more money to union bosses and greater political power through the exponential growth of union PAC coffers. Of course this turns into a viscous cycle as the money then goes back to reward these same politicians.

 

Congressman Murphy needs to explain to his constituents in the 8th Congressional district how this legislation benefits the average taxpayer and business owner.  At present I do not see any benefits only likely negative effects as many workers will lose their ability to vote on whether they would like to forgo a percentage of their wages to union bosses each week and Bucks County businesses will either eliminate jobs or close up shop entirely because of government imposed labor contracts.  This could not be a worse time to vote to pass this type of anti-free market capitalism legislation.  I do hope he reconsiders the effects of this bill.

 

Robert L. Ciervo, Ph.D., is the Director of the Rutgers-Camden Learning Center and Vice Chairman of the  Newtown Township Board of Supervisors.

 

 

A project of PA Right to Work
www.patmurphywatch.com